S.D. Codified Laws § 29A-3-915
This is the official text of S.D. Codified Laws § 29A-3-915, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Distribution to person under disability
Official statutory text
(a) A personal representative may discharge an obligation to distribute the share of a person for whom a conservator has been appointed only by distributing to the conservator. If the personal representative is aware that a proceeding for appointment of a conservator is pending, the personal representative shall delay distribution until the proceeding is decided.
(b) A personal representative may discharge an obligation to distribute the share of a minor not under conservatorship by distributing the share as provided in the decedent's will or in the absence of directions in the will, by distributing the share to:
(1) The minor if married or otherwise emancipated;
(2) A guardian of the minor;
(3) A custodian of the minor as authorized by a uniform gifts or transfers to minors act of any applicable jurisdiction;
(4) A financial institution (as defined in § 29A-6-101 ) incident to a deposit in an insured savings account or certificate in the sole name of the minor with notice of the deposit to the minor;
(5) Any person responsible for or who has assumed responsibility for the minor's care or custody, provided that the value of the share to be distributed does not exceed $10,000.
(c) A personal representative may discharge an obligation to distribute the share of an adult person not under conservatorship but who the representative in good faith believes lacks capacity to manage his or her property or financial affairs by distributing the share as provided in the decedent's will or, in the absence of directions in the will, by distributing the share to:
(1) An agent under a durable power of attorney who has authority to receive and collect property for the adult person;
(2) A guardian of the adult person;
(3) Any person responsible for or who has assumed responsibility for the adult person's care or custody, provided that the value of the share to be distributed does not exceed $10,000.
(d) The personal representative is not responsible for the proper application of money or property distributed pursuant to this section.
Source: SL 1994, ch 232, § 3-915.
(b) A personal representative may discharge an obligation to distribute the share of a minor not under conservatorship by distributing the share as provided in the decedent's will or in the absence of directions in the will, by distributing the share to:
(1) The minor if married or otherwise emancipated;
(2) A guardian of the minor;
(3) A custodian of the minor as authorized by a uniform gifts or transfers to minors act of any applicable jurisdiction;
(4) A financial institution (as defined in § 29A-6-101 ) incident to a deposit in an insured savings account or certificate in the sole name of the minor with notice of the deposit to the minor;
(5) Any person responsible for or who has assumed responsibility for the minor's care or custody, provided that the value of the share to be distributed does not exceed $10,000.
(c) A personal representative may discharge an obligation to distribute the share of an adult person not under conservatorship but who the representative in good faith believes lacks capacity to manage his or her property or financial affairs by distributing the share as provided in the decedent's will or, in the absence of directions in the will, by distributing the share to:
(1) An agent under a durable power of attorney who has authority to receive and collect property for the adult person;
(2) A guardian of the adult person;
(3) Any person responsible for or who has assumed responsibility for the adult person's care or custody, provided that the value of the share to be distributed does not exceed $10,000.
(d) The personal representative is not responsible for the proper application of money or property distributed pursuant to this section.
Source: SL 1994, ch 232, § 3-915.
Status: in_force · Read it on the official government site
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